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HomeMy WebLinkAbout99-030257 Dl3tl pAal CHEMICAL TESTING WARNINGS AND REPORT OF REFUSAL TO SUBMIT TO CHEMICAL TESTING AS AUTHORIZED BY • OF THE VEHICLE CODE FIRST MIDDLE LAST SEX DATE OF BIRTH STAN L/}W vv TR2 L ovs M MONTH DAY YEAR zz 1c) ADDRESS _ CITY STATE 21P CODE f b DAD L_ ION b(Z 13OI LI N(, S I??ZIN(rs ("a )700'7 DRIVER NUMBER STATE CHEM TEST REQUEST DATE SOCIAL SECURITY NUMBER SS I MONTH DAY YEAR Py4- - - - 7 7 1 11 o , o Z s 7 o C_ 5 ? J \ I i: l L 1. Please be advised that you are now under arrest for driving under the Influence of alcohol or a controlled substance pursuant to section 3731 of the Vehicle Code. 2. 1 am requesting that you submit to a chemical test of 171,L' j> _ (breath, blood or urine. Officer chooses the chemical test.) 3. It is my duty, as a police officer, to inform you that if you refuse to submit to the chemical test your operating privilege wiltbe suspended for a period of one year. 4. a) The constitutional rights you have as a criminal defendant, commonly known as the Miranda Rights, including the right to speak with a lawyer and the right to remain silent, apply only to criminal prosecutions and do not apply to the chemical testing procedure under Pennsylvania's Implie Consent Law, which is a civil, not a criminal proceeding. b) You have no right to speak to a lawyer, or anyone else, before taking the chemical test requested by the police officer not do you have a rl to remain silent when asked by the police officer to submit to the chemical test. Unless you agree to submit to the test requested by the polio fficer your conduct will be deemed to be refusal and your operating privilege will be suspended for one year. c) Your refusal to submit to chemical testing under the Implied Consent Law may be introduced into evidence In a criminal pros on for driving while under the influence of alcohol or a controlled substance. I cemry nave read the above warning to the nity to submit lial testina. of their o nvllege and /qave the motorist an opportu• Date: _1-' / Z I ( I I have been advised of the above. Signature of Motorist: 1 Motorist refused to sign, after being advised. Signature of Officer: Z! AFFIDAVIT Date: Date: _ ZZ/ 1. The above motorist was placed under arrest for driving under the influence of alcohol or a controlled substance in violation of Section 3731 of the Vehicle Code, and there were reasonable grounds to believe that the above motorist had been driving, operating or in actual physical control of the movement of a motor vehicle while under the influence of alcohol or a controlled substance Or both. or That the above named motorist was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed. 2. The above motorist was requested to submit to chemical testing as authorized by Section 1547 of the Vehicle Code. 3. The above motorist was informed by a police officer of the chemical test warnings contained in paragraph 3 and 4 above. 4. The above named motorist refused to submit to chemical testing. • OFFICER NOTE: The refusal to sign this form Is not a refusal to submit to the chemical last. You must still give the motorist an opportu- nity to take the chemical test after reviewing this form. If the individual was operating a commercial motor vehicle while having any alcohol or a controlled substance In their system, you must also complete the reveaqq ids of this form. SUBSCRIBED AND SWORN Officer Signature: _. / ?? • /' Z•7 ?P TO D RE ME MO. DAY •C YEAR 91)` of v Ap r r S Notarial Seal ., '- E tawrence D. Klsar, Notary bltc ?.. Puu A ? p - Stmisslne 2; 20dt ' ?- L _ MINI Pfrosylvania Association of Notarin Fcrr:3ro to: Department of Transportation Bureau of Driver Licensing P 0. Box 60037 Harrisburg, PA 17106.0037 THIS FORM MAY BE DUPLICATED Officer Name: KJE V in/ M, ROL,4nV?> (Type or Pnne Badge Number: '-7' Jurisdiction. =Ff r°LIJ-Li` Phone: ( 11-7) Zy3 S Z S 2 Mailing Address L?, ' .50?r 7+ S j , -cry Note: Any pertinent facts not covered by the aff separate sheet and attached hereto. That she, additional witnesses necessary to prove the elem ADDITIONAL SUPPLIES OF THIS FORM MAY BE SECURED COMMONWEALTHS EXHIBIT 3"s CHEMICAL TESTING WARNINGS AND REPORT OF REFUSAL TO CHEMICAL TESTING AS AUTHORIZED BY a OF THE VEHICLE CODE IN, J (COMMERCIAL MOTOR VEHICLE) NAME SEX DATE OF BIRTH FIRST MIDDLE LAST Moffitt OAY YEAR ADDRESS CITY STATE ZIP CODE DRIVER NUMBER STATE CHEM TEST REQUEST DATE SOCIAL SECURITY NUMBER MONTH DAY YEAR Was a CMV Being Driven: _ (Check If applicable) Were Hazardous Materials Being Carded: (Check H applicable) 1. 1 am requesting that you submit to a chemical test of (breath, blood or urine. Officer chooses the chemical test.) 2. It is my duty, as a police officer, to inform you that since you were operating a CMV, if you refuse to submit to the chemical test, your commercial driving privilege will be disqualified for a minimum period of one year. 3. a) The constitutional rights you have as a criminal defendant, commonly known as the Miranda Rights, including the right to speak with a lawyer and the right to remain silent, apply only to criminal prosecutions and do not apply to the chemical testing procedure under Pennsylvania's Implied Consent Law, which is a civil, not a criminal proceeding. b) You have no right to speak to a lawyer, or anyone also, before taking the chemical test requested by the police officer nor do you have a right to remain silent when asked by the police officer to submit to the chemical test. Unless you agree to submit to the test requested by the police officer your conduct will be deemed to be refusal and your commercial driving privilege will be disqualifled for one year. c) Your refusal to submit to chemical testing under the Implied Consent Law may be introduced into evidence in a criminal prosecution for driving while under the influence of alcohol or a controlled substance. I certify that I have read the above warning !o the motorist regarding the disqualification of their commercial driving privilege and gave the motorist an opportunity to submit to chemical testing. Signature of Officer: Date: I have been advised of the above. Signature of Motorist: Date: Motorist refused to sign, after being advised. Signature of Officer: Date: AFFIDAVIT 1. The above motorist was stopped by a police officer who, after stopping the motorist. had reasonable grounds to believe the motorist had been driving a commercial motor vehicle while having any alcohol in his system. 2. The above motorist was requested to submit to chemical testing as authorized by Section 1613 of the Vehicle Code. 3. The above motorist was informed by a police officer of the chemical test warnings contained in paragraph 2 and 3 above. s. The above named motorist refused to submit to chemical testing. OFFICER NOTE: The refusal to sign this form Is not a refusal to submit to the chemical lest. You must still give the motorist an opportunity to take the chemical test otter reviewing this form. If the Individual was placed under arrest for operating a commercial motor vehicle while under the Influence of alcohol arm controlled substance pursuant to Section 3731 of the Vehicle Code, you must also complete the reverse side of this form. SUBSCRIBED AND SWORN TO BEFORE ME: Mo. DAY YEAR Signature of Person Admm,stenng Oath .S E ' ' SIGN IN PRESENCE'OFNOTARIf,?=-_s: Officer Signature: Officer Name: Badge Number: Phone: (_), Mailing Address Jurisdiction: ADDITIONAL INFORMATION IF NOT THE SAME OFFICER WHO WITNESSED THE REFUSAL: Name of Arresting 0"Ices _ Address ct Aresung rjihcer. Phone Number of Arresting Offer (__) II Yes, name of custodian Name and address of maccel facility it blood was requested: is mere a V,deotapel (Yes or No) and phone number ( THIS FORM MAY BE DUPLICATED ADDITICNAL SUPPLIES CF '"IS FORM MAY BE SECURED BY COMPLETING FORM OS•511A STANISLAW FRANK STRZALKOWSKI, IN THE COURT OF COMMON PLEAS PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-S-3025 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, LICENSE SUSPENSION APPEAL BUREAU OF DRIVER LICENSING, RESPONDENT ORDER AND NOW, this 40? day of J , 1999, the Department having requested that the above-mentioned matter be continued because Patrolman Kevin M. Roland, who is the officer who reported the refusal and a necessary witness in this matter, is unavailable to testify on August 16, 1999, and without objection of the continuance by the petitioner, the appeal filed in the above referenced matter is CONTINUED and RESCHEDULED for the 3rd day of September 1999, at 8:30 a.m., in Courtroom Number 5 in the Cumberland County Courthouse, Carlisle, PA BY THE COURT DISTRIBUTION: George Kabusk, Esquire, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104-2516 Gregory Barton Abein, Esquire, 37 East Pomfret Street, Carlisle, PA 17013 FU_[u-?J? FiCE Or 1 : n f? 1 t ,JN Tf Ry a4 JUL 14 AM 8: 54 cows ;,. C"OUNnY PENNSYI W N"A DEPARTMENT OF TRANSPORTATION COMMONWEALTH OF PENNSYLVANIA Respondent V. STANISLAW STRZALKOWSKI Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /''-n "T- NO. 9 9 • ,?oa S C- APPEAL FROM LICENSE SUSPENSION ORDER AND NOW, this A Pt' day of 1999, upon presentation and consideration of the within Petition for Appeal From License Suspension, a hearing is set for the & tl day of A u 4 u l- _. 1999 at/: 30 o'clock P.m•, in Courtroom No. of the Cumberland County Courthouse. FURTHER, the motor vehicle license suspension in this case is stayed pending the disposition of this appeal hearing. J. cc: Gregory Barton Abeln, Esquire tjL for the Petitioner C tT ? George Kabusk, Esquire For the commonwealth L,a e. I L I:. DEPARTMENT OF TRANSPOR'T'ATION : IN THE COURT OF COMMON PLEAS COMMONWEALTH OF : CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA Respondent V. NO. 9?. jj01 S C?,? l_e...,. STANISLAW STRZALKOWSKI APPEAL FROM LICENSE SUSPENSION Petitioner PETITION FOR APPEAL OF LICENSE SUSPENSION AND NOW, comes Petitioner, STANISLAW STRZALKOWSKI, by and through his attorney, GREGORY BARTON ABELN, ESQUIRE, and files the following petition: 1. Petitioner is Stanislaw Strzalkowski, an adult individual currently residing at 6 Dandelion Drive, Boiling Springs, PA 17007. 2. On April 21, 1999 the Pennsylvania Department of Transportation sent to Petitioner a Notice of License Suspension, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 3. Petitioner has a valid Pennsylvania Operator's License in his possession. 4. At the time of the Petitioner's arrest for an alleged driving under the influence charge, the arresting officer did not inform petitioner of the required warning annunciated by the Pennsylvania Supreme Court in Department of Transportation, Bureau of Traffic Safety v. O'Connell, 521 Pa. 242, 555 A.2d 873 (1989). 5. Petitioner was therefore misled by the police as to what his rights actually were, and what exactly would be construed as a "refusal". 6. Petitioner therefore believes that his suspension for a chemical test refusal was improper and illegal and in violation of the Pennsylvania and United States Constitutions. WHEREFORE, Petitioner requests this Honorable Court to set a time for a hearing on the priority of Petitioner's license suspension, and immediately stay the imposition of his license suspension pending the result of said hearing. Respectfully submitted, ABELN LAW OFF[ S L Z BY Gregory Barton Abeln, Esquire Attorney for Appellant 37 East Pomfret Street Carlisle, PA 17013 717/245-2851 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Harrisburg, PA 17123 APRIL 21, 1999 STANISLAW STRZALKOWSKI 6 DANDELION DRIVE 9910461176511782 001 04/14/1999 BOILING SPGS PA 17007 21858551 07/22/1969 Dear Motorist: As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL on 04/02/1999, your driving privilege is being SUSPENDED for a Period of 1 YEAR(S). I order return ato comply with this sanction you are required to any to driver's license, learner's permit and/or temporary driver's license (camera card) in your possession no later than the effective date listed. If you cannot comply with the requirements stated above, you are required to submit a DL16LC Form or a sworn affidavit stating that You are aware of the sanction against your driving privi- lege. Failure to comply with this notice shall, result in this Bureau referring this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Ve- hicle Code. Although the law mandates that your driving under suspension even privilege is if you do not surrender your license, Credit will not begin until all current drivcr's license. Product(s), the DL16LC Form, or a letter acknowledging your sanction is received in this Bureau. WHEN THE DEPARTMENT RECEIVES YOUR LICENSE OR ACKNOWLEDGE- MENT, WE WILL SEND YOU A RECEIPT. IF YOU DO NOT RECEIVE THIS RECEIPT WITHIN 15 DAYS CONTACT THE DEPARTMENT IMMEDIATELY. OTHERWISE, YOU WILL NOT BE GIVEN CREDIT TOWARD SERVING THIS SANCTION. f The effective date of suspension is 05/26/1999, 12:01 a.m. 4 ?*??*???*?«#??¦???????,:*,??***?*??*??*????*?,????"?a+:v??ar+r**x**)r*??t*artaE w? r F.,, WARNING: If you are convicted for driving while (suspended, the penalties will be: your license;is not le.?.10' Iment and a 1,000 fine and an additionalsi s Year than 90 days imprison y Pension. *rf***x*+t*r**+e*rrrr*?tr?**:f**??**iE*?**fr***rc***??**«**r**?:t*?**it*?eMitiFtf >'r? ?f )f # 1V.9„ p? __ 991046117654782 Please see the enclosed application for restoration fee in- formation. APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date of this letter, APRIL 21, 1999. If you file an appeal in the county court, the Court will give you a time-stamped certified copy of the appeal. Send this time-stamped cer- tified copy of the appeal by certified mail to: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION OFFICE OF CHIEF COUNSEL THIRD FLOOR, RIVERFRONT OFFICE CENTER HARRISBURG, PA. 17104-2516 Sincerely, Rebecca L. Bickley, Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO: Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 i. DEPARTMENT OF TRANSPORTATION IN THE COURT OF COMMON PLEAS COMMONWEALTH OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA Respondent V. STANISLAW STRZALKOWSKI Petitioner NO. APPEAL FROM LICENSE SUSPENSION CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and exact copy of the foregoing PETITION FOR APPEAL OF LICENSE SUSPENSION by United States mail, certified, return receipt requested, addressed to the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, Riverfrom Office Center Harrisburg, PA 17104-2516 Respectfully submitted, Date 4AAW OFFICES lack t 37 East Pomfret Street Carlisle, PA 17013-3313 717/245-2851 l b I I { n ltl i- .1;11 i- ? la.. Cf? . J C? u? CJ ®', . STANISLAW STRZALKOWSKI, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. COMM. OF PENNSYLVANIA, DEPT. OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent NO. 99-3025 CIVIL TERM IN RE: LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 3rd day of September, 1999, after hearing, the action of the Department in suspending the Petitioner's license for violating Section 1547 of the Vehicle Code is affirmed and the appeal is DISMISSED. By the C94xst'1 E. Guido, J. Gregory B. Abeln, Esquire For the Petitioner George H. Kabusk, Esquire For the Respondent :lfh r- ?•? l?r17: ;s: ?? ? L"IA?I :'J I?L????IV?;?